| Federal Countries | Location of Residuary Powers |
|---|---|
| A. India | i. Vested in the Centre |
| B. United States of America | ii. Vested in the States |
| C. Canada | iii. Vested in the Provinces |
| D. Australia | iv. Vested in the States |
Union-State Relations: RAS Prelims MCQs
86 RAS Prelims MCQs on Union-State relations cover how legislative and executive powers are divided and when Parliament can make laws on State subjects. Residuary powers, Articles 249, 250, 252 and 253, the Governor’s role as an agent of the Centre, Article 356 and the landmark cases are asked as facts and statements.
Practice questions based on the RPSC RAS Prelims syllabus. They follow the exam pattern but are not past-paper questions.
Showing 21–30 of 86 questions
Explanation
Before the implementation of the Goods and Services Tax, the Central Government’s authority to levy Service Tax was derived from the residuary powers of legislation. Since service tax was not specifically enumerated in the three lists of the Seventh Schedule when the Constitution was enacted, the Union utilized its powers under Article 248 to introduce and manage this significant revenue source.Explanation
Residuary powers are the powers of legislation over subjects that are not in any of the three lists (Union, State or Concurrent). In India these belong to Parliament under Article 248.I. When the Rajya Sabha passes a resolution supported by not less than two-thirds of the members present and voting.
II. When a National Emergency is in operation.
III. When the Legislative Assembly of a single State requests the Parliament to do so. Under which of the above circumstances can the Parliament legislate on a matter in the State List?
Explanation
Parliament can legislate on a State List subject when the Rajya Sabha passes a resolution by a two-thirds majority of members present and voting (Article 249) and while a National Emergency is in force (Article 250). A request from one State Assembly is not enough, so III is wrong.Explanation
A Rajya Sabha resolution under Article 249 stays in force for up to one year at a time and can be renewed, so Parliament may keep legislating on the State subject.Assertion (A): Any law passed by Parliament under Article 249 ceases to have effect on the expiration of six months after the resolution has ceased to be in force.
Reason (R): Laws made under Article 249 are temporary in nature and their validity depends strictly on the continuation of the Rajya Sabha resolution.
Explanation
A law made under Article 249 ceases to operate six months after the resolution lapses. This is so because such laws are temporary and depend on the continuation of the Rajya Sabha resolution, so R explains A.Explanation
A law passed under Article 252 applies only to the States that passed the resolutions and to any State that adopts it later. Only Parliament can amend or repeal it.I. Article 249 (National Interest)
II. Article 250 (National Emergency)
III. Article 252 (Consent of States)
IV. Article 356 (President’s Rule) Under which of the above provisions does the State Legislature NOT lose its concurrent power to legislate on the same subject (though subject to repugnancy rules)?
Explanation
Under Articles 249 and 250 the State Legislature keeps its power to legislate on the subject, though a conflict is settled in favour of the Union law. Under Articles 252 and 356 the position is different, so I and II only are correct.Explanation
Parliament can legislate on State subjects to implement international agreements (Article 253), under President’s Rule (Article 356) and by a Rajya Sabha resolution (Article 249). A Financial Emergency under Article 360 does not give it that power.| Legislative Circumstances | Examples or Features |
|---|---|
| A. Rajya Sabha Resolution | i. Wild Life (Protection) Act, 1972 |
| B. National Emergency | ii. TRIPS agreement compliance |
| C. States’ Consent | iii. Valid for maximum 1 year unless renewed |
| D. International Agreement | iv. Laws become inoperative 6 months after emergency ends |
Explanation
A Rajya Sabha resolution is valid for a maximum of one year unless renewed, the laws made in a National Emergency lapse six months after it ends, the Wild Life (Protection) Act 1972 was made with States’ consent and TRIPS compliance is an example of treaty legislation. This gives A-iii, B-iv, C-i, D-ii.Answer key for these questions
| Q | Correct answer |
|---|---|
| 21 | (a) A-i, B-ii, C-i, D-ii |
| 22 | (c) The Residuary Powers |
| 23 | (d) Legislative authority over subjects not in the three lists. |
| 24 | (b) I and II only |
| 25 | (b) One year |
| 26 | (a) Both A and R are true and R is the correct explanation of A. |
| 27 | (a) Affects only participating States and those adopting it subsequently. |
| 28 | (a) I and II only |
| 29 | (b) During a Financial Emergency under Article 360. |
| 30 | (a) A-iii, B-iv, C-i, D-ii |
Key facts from Union-State Relations
- Residuary powers, over subjects in none of the three lists, belong to Parliament.
- Parliament can legislate on a State List subject by a two-thirds Rajya Sabha resolution (Article 249), in a National Emergency (Article 250), with State consent (Article 252) and to implement a treaty (Article 253).
- A Rajya Sabha resolution under Article 249 lasts one year at a time.
- Article 256 requires the States to exercise their executive power in compliance with Union laws.
- The S. R. Bommai case (1994) laid down guidelines on Article 356 and made it subject to judicial review.
- The Sarkaria Commission recommended that the Governor be an eminent person from outside the State.
Frequently asked questions
How many RAS Prelims practice MCQs are there on Union-State Relations?
This page has 86 practice MCQs on Union-State Relations (Indian Polity and Governance). Each has the correct answer, and most have an explanation.
What are residuary powers?
The powers of legislation over subjects not mentioned in any of the three lists. Article 248 gives them to Parliament, unlike in the United States, where residuary powers belong to the States.
What did the S. R. Bommai case decide?
In 1994 the Supreme Court laid down guidelines to prevent misuse of Article 356 (President’s Rule). It held that a proclamation is subject to judicial review, and that a floor test is the way to test a government’s majority.
When can Parliament make laws on State subjects?
In five situations: a Rajya Sabha resolution (Article 249), a National Emergency (250), consent of two or more States (252), implementation of international treaties (253) and President’s Rule (356).